West Virginia 2022 Regular Session

West Virginia House Bill HB4633

Introduced
2/10/22  

Caption

Hold employers liable for damages relating to mandating Covid 19 vaccines

Impact

If enacted, HB 4633 would significantly affect workplace regulations concerning vaccinations. It introduces legal protections for employees, allowing them to seek compensation for adverse effects stemming from employer-mandated vaccinations. This change emphasizes the state's recognition of the potential risks associated with COVID-19 vaccines and aligns employer responsibilities with employee health outcomes. The bill could potentially deter employers from enforcing vaccination mandates, leading to implications for public health policy and workplace safety protocols within West Virginia.

Summary

House Bill 4633 aims to amend the Code of West Virginia by introducing a new section that holds employers liable for any injuries or damages caused by COVID-19 vaccinations mandated as a condition of employment. The bill defines both 'employee' and 'employer', expanding the definition to include state and municipal agencies. It grants employees the right to file claims against their employers for damages resulting from both the vaccines and their variants, such as the Delta variant. Notably, claims must be filed within five years of receiving the vaccine. Additionally, injuries resulting from these vaccinations would be recognized under West Virginia's Workers' Compensation laws as compensable injuries.

Sentiment

The sentiment surrounding HB 4633 appears to be mixed. Supporters advocate for the bill as a necessary protective measure for employees, ensuring that they have recourse in the event of adverse reactions to vaccines that employers mandate. Conversely, opponents may view it as burdensome for businesses and a potential impediment to vaccination efforts, indicating a broader debate over personal rights versus public health initiatives in the employment context. The discussion reflects a societal concern about the balance of power between employers and employees in health-related mandates.

Contention

Notable points of contention stem from fears among employers regarding liability and operational control, particularly in an environment aiming to encourage vaccinations to combat the pandemic. Concerns have been raised that such a bill could lead to litigation challenges that discourage employers from mandating vaccines. Furthermore, the inclusion of coverage under Workers' Compensation adds another layer of complexity, as this could alter existing workplace injury classifications and insurance responsibilities, leading to potential legal and financial challenges for employers.

Companion Bills

No companion bills found.

Previously Filed As

WV SB578

Relating to employers' liability for mandated COVID-19 vaccine

WV SB159

Prohibits educational institutions from mandating COVID-19 vaccines or gene therapy

WV SB222

Prohibits educational institutions from mandating COVID-19 vaccines or gene therapy treatments

WV HB2981

Health; vaccines; employers; liability; damages; effective date.

WV HB3247

Health; vaccines; employers; liability; damages; effective date.

WV HB1450

Vaccinations; require employers that mandate COVID-19 vaccinations for employees to provide exemption process.

WV SF0094

Penalties for mandating COVID-19 vaccinations-2.

WV HF369

A bill for an act relating to employer liability for adverse effects resulting from mandated COVID-19 vaccinations.

WV HB87

Provides relative to liability arising from COVID-19 vaccinations

WV HB2043

Employer liability; COVID-19 vaccine requirement

Similar Bills

No similar bills found.